Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 04.11.2026
Delhi HC Says Right to Speedy Trial Can Prevail Over Section 37 NDPS Rigours
This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .
The Delhi High Court has granted regular bail to an accused in a commercial-quantity narcotics case, holding that the prolonged delay in trial and the absence of any delay attributable to the accused justified relief despite the stringent bail conditions under the NDPS Act.
Case background
In Harikrishnan PS v. Narcotics Control Bureau, decided on 2 November 2026, the accused sought regular bail in a case registered under Sections 8(c), 21(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. These provisions concern possession, dealing, and conspiracy relating to narcotic drugs and psychotropic substances.
According to the prosecution, authorities intercepted a DTDC parcel bearing the accusedβs name and particulars. The parcel allegedly contained 480 grams of charas and 60 grams of methamphetamine. The prosecution further alleged that, after the accused was apprehended from a guesthouse, an additional 140 grams of methamphetamine was recovered at his instance.
Because the alleged recovery involved commercial quantity, the restrictive βtwin conditionsβ for bail under Section 37 of the NDPS Act ordinarily applied.
Why the Court granted bail
The central issue was not the alleged quantity of contraband, but the continued incarceration of the accused amid a trial that had made limited progress.
The accused had been in custody since 7 December 2021. Of the 26 prosecution witnesses listed, only eight had been examined by the time the bail application was considered. Further delay was expected because co-accused Nafi had been arrested later, requiring the witnesses already examined to be recalled.
Importantly, the Narcotics Control Bureau fairly accepted before the Court that the delay in trial could not be attributed to the accused. The Court also noted that another co-accused, Paschal, had already been granted bail on 12 August 2026 on the ground of trial delay.
Expeditious trial and Section 37 of the NDPS Act
Section 37 makes bail in commercial-quantity NDPS cases particularly difficult. Generally, a court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit an offence while on bail.
However, the High Court reaffirmed that the constitutional requirement of an expeditious trial can affect the application of these strict conditions. Where an accused remains in custody for a substantial period, the trial is moving slowly, and the accused is not responsible for the delay, continued detention may become unjustified.
The Court found that the trial was not likely to conclude within a reasonable time. In those circumstances, it held that there was no reason to deprive the accused of liberty any further.
Bail conditions
The Court allowed the bail application and directed the release of the accused on furnishing:
- a personal bond of Rs.50,000; and
- one surety of the same amount,
subject to the satisfaction of the Trial Court or Duty Magistrate.
The order was also directed to be promptly sent to the concerned Jail Superintendent so that the accused could be informed.
Key legal significance
This ruling highlights an important safeguard in NDPS prosecutions: stringent statutory bail restrictions do not eliminate the accusedβs right to a timely trial. Even in cases involving alleged commercial quantities, courts may grant bail where detention becomes prolonged, the prosecution has examined only a small portion of its witnesses, and the accused has not caused the delay.
The decision reinforces that criminal trials must proceed with reasonable speed, particularly where a personβs liberty has been restricted for years without a foreseeable conclusion to the case.
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Source: Delhi High Court
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